Lowe v Pascoe (No 8) [2018] NSWSC 764

Supreme Court New South Wales

Medium Neutral Citation: Lowe v Pascoe (No 8) [2018] NSWSC 764 Hearing dates: On the papers Decision date: 30 May 2018 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Order that Stella Sze Tu personally pay the First Defendant's costs of the Motion of 27 October 2017. 2. Order that Stella Sze Tu personally pay the First Defendant's costs of the Motion of 7 December 2017, save in so far as that motion sought the replacement of Stella Sze Tu with Sunly Sze Tu as representative of FC Chow Estate. 3. Order that Stella Sze Tu personally pay two thirds of the First Defendant's costs of the Motion of 4 April 2018. Catchwords: COSTS – application for personal costs order against executor of deceased estate – whether executor of deceased estate entitled to be indemnified for expenses incurred before distributing estate – whether actions of executor would have been authorised had trustee sought judicial advice Cases Cited: Collett & Anor v Knox & Anor [2010] QSC 132 J A Pty Ltd v Jonco Holdings Pty Ltd (2000) 33 ACSR 691 Lowe v Pascoe (No 7) [2018] NSWCA 333 Nick Kritharis Holdings Pty Ltd (In Liq) v Gatsios Holdings Pty Ltd [2001] NSWSC 343 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 Re Beddoe [1893] 1 Ch 547 Re Wilson Lovett and Sons Ltd [1977] 1 All ER 274 Category: Costs Parties: Geoffrey Alan Lowe (First Plaintiff) Mary Lowe (Second Plaintiff) Scott Pascoe as Trustee of the Estate of the late Kut Sze Tu (First Defendant) Margaret Sze Tu (Second Defendant) Helen Sze Tu (Third Defendant) Janet McNamara (Fourth Defendant) Shiu Shing (Sunly) Sze Tu as representative of the Estate of Chow Fung Chun (Fifth Defendant) Shie How (Gordon) Sze Tu (Sixth Defendant) Stella Sze Tu (Seventh Defendant) Representation: Counsel: P R Jammy (Plaintiffs) J Stoljar SC with Z Hillman (First Defendant) D L Williams with J D Little (Fifth, Sixth and Seventh Defendants)